Revolutionary War Pension and Bounty Land Warrant Application File S. 12824, Benajah Dudley, Conn.

SERVICE
NUMBER
Conn.
Dudley, Benajah
S. 12824
CONTENTS
bearded

Vermont N o 26.000
Benajah Dudley Windham Co. in the State of Vermont who was a Private in the _____ commander by Captain _____ of the Regt. commander by Genl. Webb in the Conn. Troops time for 1 year
Inscribed on the Roll of Vermont the rate of 40 Dollars _____ Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 27. day of Nov. 1833 and sent to J. Elliot New Haven Vt.
Arrears to the 4th of Sep. 1833 100.00 Semi-ant. allowance ending March 31 20.00 $120.00
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by D. Brown Clerk, Book E. Vol. 3 Page 61

State of Vermont Windham County } Brattleboro —
On this 13 th day of August A.D. 1832 personally appeared
in open court before the Probate Court now sitting Benajah Dudley a resident of Brattleboro in the county of Windham and State of Vermont aged sixty nine years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of congress passed June 17 th 1832 — That he entered the service of the United States under the following named several officers and served as is herein stated — to wit
He was born at the 13 th of March A.D. 1781 at the town of Killingworth in the State of Connecticut and enlisted into the service of the United States under a Captain named Morton for one year — He went immedia- tely to the town of White Plains in the state of New-York & remained encamped there until August or September following — The field officers under whose command the company was were Gen David Waterbury — Major Edward Shipman — Major — Humphrey — Brigadier Major — Webb — Adjutant
Bull — and — Whiting — After leaving White Plains he was a few days at Horseneck — then at Stamford Conn. where he helped build a fort or stockade where he remained until the year for which he enlisted had expired — He had no written discharge but with his companions was dischar- ged by Gen Waterbury by word of mouth — The only skirm- ish in which he was engaged was with a party of the enemy called Skinners or Cow boys — whom he followed with the company to which he belonged to Rye's bridge from Stamford — He was born in the year 1763 has a record of his age in a family bible — Has lived forty four years in this town in Guilford & the town adjoining — He joined the army as a volunteer — He states as persons to whom he is known in his neighborhood and who can testify as to his character for truth and their belief of his services in the army of the revolution

the names of Stephen Greenleaf John Wil brook Samuel Clark, Lemuel Whitney James Elliot John Noyes -
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state -
Benajah Dudley
Sworn and subscribed to the day and year aforesaid
Marshall Miller Judge of Probate
We Jedediah L Stark a clergyman residing in the town of Brattleboro' and state of Vermont and Stephen Greenleaf residing in the same Brattleboro' hereby certify that we are well acquainted with Benajah Dudley who has subscribed and sworn to the above declaration that he believes him to be sixty nine years of age - that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Jedediah L Stark Stephen Greenleaf
Sworn and subscribed to the day and year aforesaid -
Marshall Miller Judge of Probate
And the sd court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and second as he states and the court further certifies that it appears to them that Jedediah L Stark who has signed the preceding certificate is a clergyman resident in the sd town of Brattleboro' and that Stephen Greenleaf who has also signed the same is a resident in the same Brattleboro' and is a credible person and that their statement is entitled to credit -
I James Elliot register of the Probate court for the District of Marlboro' and state of Vermont do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Benajah Dudley

for me the 2
In testimony whereof I have hereunto set my hand and seal of office this 1st day of August A.D.
James Lelliot, Probate Registrar.
No 2869
No 31 William Goddard Bengal & India - Dec 10/32 for Pensions August 1832.
August 1. 1832.

Case of Benajah Dudley 62
1 cc  Yr. Ob. $40
J Elliott Esq New Fame v

WAR DEPARTMENT,
Pension Office,
9 th April 1833 B 27 Sept.
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them, and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     from March 1781 for one year - next following. In the Connecticut State Troops 1 private Davis Waterbury Genl - Edw? Shipman Major - Humphrey Major Brig. Gen - Webb Adj. - Bull & White or Whiting 70 years Hartford, worth Conn. Deposition of Levi Reedfield of Otego. New York whom I have lately had the fortune to find -  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
Mr Benaijah Dooly

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } ss.
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rehman
12824 INVALID.
ew
File No. 12.824
Benajah Duda Briv. Rev. W.D.
Act: June 7 th 1832
Index:—Vol. _____, Page _____
[Arrangement of 1870.]

Additional Declaration of Benajah Dudley who claims a pension. —
State of Vermont - Windham County ss. - Brattleboro' Nov- ember 6 th 1833. - Personally appeared, Benajah Dudley, and declares & says, that he enlisted, as stated in his first declaration, at Killingworth in the State of Connecticut, and County of New London and which County, I am informed, has since been altered to that of Middlesex - whether he enlisted on the first day of March, 1781. or a little before I am not positive, but my time commenced the first of March 1781 and I then commenced my service, and continued in the service thro' the year from that time - Palmer's Hill, men- tioned in Levi Redfield's deposition, was in Stam- -ford, Conn. and a short distance from White Plains I might have been awhile at Palmer's Hill a little time so after I enlisted, or in the course of the year.
Benajah Dudley
State of Vermont } Brattleboro' Nov. 6. 1833 Windham County ss }
Then the above named Benajah Dudley personally appeared and made solemn oath to the truth of the foregoing deposition by him subscribed — Before
Samuel Elliott Justice of the peace

State of Vermont
Windham County Court Clerk's Office New Haven, Nov. 8. A. D. 1833.
I certify that Samuel Elliot is a Justice of the Peace within and for the County of Windham aforesaid, and that the within is his signature - Witness my hand and the Seal of said Court -
James Elliot, Clerk.
Additional Declaration of Benjamin Dudley

State of New York } Otsago County }
Levi Redfield of Otsago in said County being duly Sworn before Daniel Miller one of the Justices of the Peace of said County makes oath and says he was well acquainted with Benjamin Dudley of North Killing- worth then in the County of New London but now in the County of Middlesex and was knowing to his enlisting into the Connecticut State Service under Capt William Holden and Major Edward Shipmans Battalion in March 1781 for one year and says that he was with the said Dudley through the year and that and they joined the Regiment at Palmer hill Stamford Connecticut and kept guard at Sitas Bridge and when the Guard was gone to Breakfast the Enemys light horse came on our Guard at said Bridge and took the Sergeant and two other men and carried them to New York and drove the rest into the Mill Pond and part of the time they were at White Plains and that he was with the said Dudley the whole year and knows that he served the whole year for he saw him every day and that he was a good Soldier and was honorably discharged and that this deponent served there as a drum Major and is now 87 years of age and there was one other Battalion at being all the troops on that line that year and was commanded by General Putnam and further this deponent saith not
Levi Redfield
Subscribed and Sworn at Otsago County aforesaid May 28th 1833 before me Daniel Miller Justice of the Peace
State of New York } Otsago July 11th 1833- Otsago County ss }
I hereby certify that Levi Red- field, who subscribed & made oath to the above deposition, is a credible witness.
Daniel Miller Justice of the Peace

State of New York Otsego County — ss:
I, Horace Lathrop, Clerk of the said County do certify that Daniel Miller Esquire, before whom the within Affidavit purports to have been sworn to at the date of the same and of the Notice of the Peace in & for the said County. And that I am acquainted with his hand writing, and merely believe his name subscribed to the said Affidavit to be his proper hand writing & signature. Witness my hand and Seal of Office this 29 th day of May 1833.
Horace Lathrop. Clerk
Affidavit of Rev. Redfield